Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 03.08.2026
Case Overview
- Petitioners: Luit Valley Enterprise Pvt Ltd and its directors Sri Pratim Goswami and Sri Rupam Goswami.
- Respondents: Sri Ovelash Debnath and Sri Birendra Kumar Debnath.
- The petition is filed under Section 528 of the BNSS, challenging the order dated 27.08.2024 passed by the Judicial Magistrate First Class, Sonitpur, Tezpur (NI Case No. 43/2013).
- The impugned order had closed the evidence of the petitioners’ official witnesses and fixed the case for argument on 10.09.2024.
- Petitioners sought an adjournment to produce witnesses; the trial court rejected the request, citing objections from the complainant.
- Petitioners subsequently filed Criminal Revision Petition No. 29/2024 before the Additional Sessions Judge (FTC), Sonitpur, which was dismissed on 16.12.2025 on grounds of multiple adjournments.
- Counsel for petitioners argued that denial of an opportunity to adduce official witness evidence violates the fundamental right to a fair trial.
Court Reasoning
- The High Court emphasized that the right to a fair trial is a fundamental right, requiring the petitioners to have a fair opportunity to defend their case.
- Considering the circumstances, the Court found that the petitioners would suffer serious prejudice without another chance to present their official witnesses.
Final Outcome
- The Gauhati High Court set aside the order dated 27.08.2024 of the trial court and the judgment dated 16.12.2025 of the revisional court.
- The trial court is directed to grant the petitioners one last opportunity to adduce the evidence of the official witnesses, thereafter to hear the arguments and dispose of the case in accordance with law.
- Petitioners must appear before the trial court on or before 24.08.2026.
- The criminal petition is disposed of at the motion stage itself.
Topics: Court Order, Fair Trial Rights